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Compliance Sample Questions – Final Exam (1).docx
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42. Briefly explain the requirements for the execution of orders by retail customers? What is understood by Best-Execution-Policy?

Best-Execution-Policy § 52 - 54 SSA

• Preparation of an Execution Policy

• Execution of trades (purchases/sales) based on the Execution Policy

• Best practices and results for the customers

• For achieving best results for customers

• Efficient arrangements

• Proper measures by the servicing legal entity

• Information to the customer

• Approval of customer necessary (depositary contract)

• Audit of the measures and the Execution Policy once a year

Execution of Customer Orders/§ 55 - 57 SSA

• Application of procedures and systems for

• proper

• prompt and

• quick

• execution of customer orders

• Customer orders shall

• be correctly registered and categorized

• in order (the early before the later) and

• promptly executed

• In case of disruption immediate information to private customers

• Definition of aggregation of orders (not to the disadvantage of the customer)

43. Is doorstep selling allowed in Austria?

Home visits for the purpose of sales of financial instruments are permitted only upon prior consent and invitation by a customer (Consumer Protection Act).

44. Explain and give examples of essential risks regulated in the ssa (in context with securities business)!

Advisory risks (= risks of non proper advisory):

  • Non proper documentation of customer profile or advisory of customers

  • Missing attention for customer complaints

  • Customer profile only of one person but not all authorized persons

  • Missing time capacity for key account management

  • Non proper transfer and storage of documents

  • Risks of misunderstandings (sender - addressee problems)

Transaction risks:

  • Non or late transfer/execution of customer orders

  • Execution of customer orders without taking risk class of customer into account

  • Missing documentation of execution of customer orders

Conflict-of-Interest:

  • Risk of purchase/sale of products from issuers with high (out of markets) fees that are not in the interest of the customer

  • Block orders

  • Special interests of certain advisors

  • Inside information (proprietor trading)

Documentation: missing contracts with sales partners, service partners (outsourcing)

Outsourcing: e.g. non delivery by service partner

IT risks: e.g. deletion of documents

45. Explain essential differences of the roles and tasks of internal auditors and external auditors!

Internal Audit

•FMA Minimum requirements

•Audit

–Integrity

–Correctnes

–Effectiveness

=> of the entire bank

Prevention of money laundering and terrorist financing

–Implementation of measures

•Risk analysis

•Implementation and development of proper measures

•Monitoring of measures

–Monitoring of transactions and business relations

•Permanent and independent function

–Free access to all required information

–Autonomy of decision

–Comprehensive authority to instruct staff members

External Audit

•Correctness of correct and thorough appraisal of an entity's financial controls and statements (provisions, depreciation, etc.)

•Banking Act, CRR

•SSA

•Loan provisions

Audit of Annual Financial Report

–Increase of trust of persons using annual financial reports

–By external auditor´s report (auditor´s opinion)

•Auditor´s opinion on the financial statements to make sufficiently sure that they are free from material – intended or unintended - misstatements and errors

=> Materiality

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